Is a person who is unable to appreciate the risk associated with certain activities entitled to be treated differently than a person with the capacity to understand the risk?
Alberta, Canada
The following excerpt is from R. v. Roussel, 2014 ABQB 202 (CanLII):
A person who is incapable of appreciating “the nature of the risk which the activity in question entails” must be treated differently than a person with the capacity to appreciate the risks linked to certain activities. The Queen v. Creighton, 1993 CanLII 61 (SCC), [1993] 3 S.C.R. 3, 61.
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